Ricky J. Johnson v. Dr. Sharon Lewis, et al, No. 20-10150 (11th Cir. 2023)
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Plaintiff is an inmate in the custody and care of the Georgia Department of Corrections (GDC). Plaintiff was diagnosed with Hepatitis C (HCV) in 2009 but did not receive medication for it until nine years later. By then, Plaintiff’s HCV had progressed to stage F4 cirrhosis with indications of severe liver inflammation. Plaintiff sued numerous prison doctors, three of whom are the subject of this appeal, alleging that they were deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. The district court granted summary judgment in favor of the doctors and dismissed all claims against them. Plaintiff appealed both the district court’s grant of summary judgment and its denial of his motion to amend the complaint.
The Eleventh Circuit reversed the district court’s grant of summary judgment but affirmed its denial of the motion to amend. The court explained that the bar to proving an Eighth Amendment deliberate indifference claim is high, but it is not insurmountable. The court explained that Plaintiff has raised a number of factual disputes regarding the denial of his HCV treatment for over eight years. These disputes are sufficiently material to be decided by a jury.
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